(a) The Department shall specify in each certificate of need the
time the holder has to make the service or equipment available or to complete
the project and the timetable to be followed. The timetable shall be the one
proposed by the holder of the certificate of need unless the Department
specifies a different timetable in its decision letter. The holder of the
certificate shall submit such periodic reports on his progress in meeting the
timetable as may be required by the Department. If no progress report is
provided or, after reviewing the progress, the Department determines that the
holder of the certificate is not meeting the timetable and the holder cannot
demonstrate that it is making good faith efforts to meet the timetable, the
Department may withdraw the certificate. If the Department determines that the
holder of the certificate is making a good faith effort to meet the timetable,
the Department may, at the request of the holder, extend the timetable for a
specified period.

(b) The Department may withdraw any certificate of need, if the
holder of the certificate fails to develop the service in a manner consistent
with the representations made in the application or with any condition or
conditions the Department placed on the certificate of need.

(c) The Department may immediately withdraw any certificate of
need if the holder of the certificate, before completion of the project or
operation of the facility, transfers ownership or control of the facility, the
project, or the certificate of need. Any transfer after that time will be
subject to the requirement that the service be provided consistent with the
representations made in the application and any applicable conditions the
Department placed on the certificate of need. Transfers resulting from death or
personal illness or other good cause, as determined by the Department, shall
not result in withdrawal if the Department receives prior written notice of the
transfer and finds good cause. Transfers resulting from death shall not result
in withdrawal. (1977, 2nd Sess.,
c. 1182, s. 2; 1981, c. 651, s. 12; 1983, c. 775, s. 1; 1987, c. 511, s. 1;
1993, c. 7, s. 10.)